Judgment
HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Dutse, Jigawa State and delivered in Suit No FHC/DT/CS/09/2018 by Honorable Justice S Yahuza on the 6th of December, 2018. The Respondent commenced the action in the lower Court by a motion brought pursuant to provisions of the Fundamental Right (Enforcement Procedure) Rules 2009.
The Respondent sought for the enforcement of his fundamental right to dignity of human person, right to personal liberty, right to freedom of movement and right to freedom of expression as guaranteed, according to him, under Sections 34, 35, 39, 41, 44 and 46 of Constitution of the Federal Republic of Nigeria 1999 (as amended), an order of injunction to restrain further breach of his fundamental rights, public apology to be published in two widely read newspapers and the sum of N20 Million as damages. The case of the Respondent on the processes filed was that he is an Alkali and had served in various Sharia Courts in Jigawa State and was also an Islamic scholar and preacher in his village, Doko, and in other neighbouring villages in Garki Local Government Area of Jigawa State.
It was his case that on the 28th of September, 2018 while transiting to his farm on a commercial motorcycle, he was stopped by the fourth to the sixth Appellants who were on duty on the Kano/Gumel highway and he and the motorcyclist were asked to dismount for a search to be conducted.
It was his case that they dismounted and that the officers insisted on searching him even after he identified himself as an Alkali and showed them his identification card, and that at the end of the search, nothing incriminating was found on them. It was his case that after concluding the search and finding nothing incriminating, the officers still did not allow him to go and that when he insisted on being allowed to go, the officers started abusing him, calling him all sorts of names, and this attracted passer-by who were mainly people from his village and the neighbouring villages where he preached.
It was his case that he reacted to the abuses by telling the officers that their actions were useless acts and whereupon the officers started beating him to the point of unconsciousness, and in the course of which he sustained an injury to his lip and that he was arrested by them, leg-cuffed and detained in the back of their Toyota Hilux vehicle. It was his case that he remained in that position in the scorching sun in the full glare of his village people for more than three hours before people came to plead with the officers to release him.
